Speeding Ticket and Traffic Defense FAQs
Hear directly from the Traffic Defense Attorneys of Dummit Fradin as they answer the most frequently asked questions about speeding tickets and other moving violations.
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Speeding Tickets and Traffic Defense
No. When you simply pay off a speeding ticket, you lose the opportunity to plea and reduce the ticket. Reducing a ticket is imperative since it can not only cause insurance costs to rise, but it can also impact your ability to drive. For instance, if your ticket is for over 55mph and for 15mph or more over the posted speed limit, your license can be suspended. Further, if you accumulate twelve points on your license in three years, you can also have your license suspended. However, the consequences for commercial drivers are harsher, they can lose their licenses permanently. So, it’s never a good idea to simply pay a speeding ticket, call one of our experienced Traffic Attorneys whenever you get a speeding ticket and let us help.
Criminal Attorney Patrick Apple discusses high-speed tickets in North Carolina.
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What is a high-speed ticket?
If you are charged for going over 80 mph or more than 15 mph over the speed limit, that is considered a high-speed ticket.
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What are the consequences of a high-speed ticket?
The consequences of high-speed tickets in North Carolina include the loss of your license, exponential increases in insurance premiums over three years, and a criminal record since this is a class three misdemeanor.
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What are my options if I have been charged with a high-speed ticket?
Often DAs will accept plea bargains for 9 mph over or 14 mph over, but you must be experienced enough to know where and whom to ask. Sometimes, you may be able to move for a prayer for judgment continued.
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- However, if your speed was more than 26 mph over the posted limit, you will not be eligible for this deal and you will likely lose your license.
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Are there any other charges that accompany a high-speed ticket?
Typically, with a high-speed ticket, also comes a charge of careless and reckless driving. This is a class two misdemeanor.
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- At that point, it is extremely difficult to protect your license.
- You will likely need to ask the judge for limited driving privileges, for which you must be qualified.
- You have to be at least 19 years old, have a full license, and have a clean driving record until now.
As you can see, high-speed tickets can get extremely complicated and the consequences can be terrible, so it’s extremely important to have an experienced Traffic Attorney on your side! Give one of ours a call the next time you get pulled.
A careless and reckless driving charge is more or less a judgment call on the part of the officer. However, a guilty verdict carries four points on your driving record and is a class two misdemeanor. Therefore, before paying it off or pleading guilty, see if there are holes in the state’s argument or see if they will offer a plea. Most DAs will instead of going to court. This could save even a first-time offender from supervised probation and, if you’ve accumulated more points on your license, it could save you from suspension. Most experienced Traffic Attorneys can handle a CNR with a letter from the insurance company right after a wreck, so it’s important to hire a good lawyer immediately. Contact one of our attorneys today!
An award-winning Criminal Defense Attorney goes in-depth to explain your Constitutional rights when you’re pulled over by the police. You should always be polite and respectful to law enforcement, however, you shouldn’t say anything incriminating about yourself, and you do not have to give your consent to a search of your vehicle. If you have been charged with a traffic violation or have a more serious criminal charge, give one of our Criminal Defense Attorneys a call. You have the right to the best defense possible, so always ask for an attorney!
Driving with a revoked license is a class one misdemeanor in North Carolina. Even for a first-time offense, you could be facing up to 45 days of supervised probation. Multiple moving violations with a revoked license carry even stiffer penalties including a longer wait to get your license back or losing it permanently. However, “permanent” doesn’t mean forever! It simply means you have to schedule a hearing in front of a DMV Officer and your license will probably be subject to conditions before it will be restored fully. At Dummit Fradin, we can help. Give one of our experienced Traffic Defense Attorneys a call before you try and take on this complicated process by yourself.
Accidents
Criminal Defense Attorney Tyler Chriscoe explains that in North Carolina there are almost 800 crashes per day and the law in North Carolina is clear.
If you are in an accident there are three things you have to do.
- You have to stop the vehicle immediately.
- You have to remain with the vehicle on the scene.
- You can not move the vehicle unless authorized to do so by law enforcement.
“Crash” is broadly defined by statute and involves any event causing property damage or injury by a vehicle in motion. It is a crime to drive away, walk away, or even allow the vehicle to be moved from the scene. Punishment for a hit-and-run can be severe. The punishment depends on how bad the accident was.
If you find yourself being charged with a hit and run contact our criminal defense team to discuss your legal options.
According to Criminal Defense and Traffic Attorney Tyler Chriscoe, sometimes it is legal to leave the scene of a crash but only in rare circumstances. For example, if staying would put you or anyone else in harm’s way. It is also alright to leave the scene should you require serious medical attention, not for a cut or bruise. But you can move their vehicle from the scene as long as you remain at the scene of the crash. Moving the vehicle should not cause more damage to the road.
According to Criminal Defense and Traffic Attorney Tyler Chriscoe, a commonly asked question is “what happens if I have a small fender bender in a parking lot?” If there are no injuries and the property damage appears to be less than $1,000, the two parties can agree to exchange insurance information and be on their way. But keep in mind property damage can easily exceed $1,000, sometimes just to fix paint damage.
Hopefully, you will exchange information but if you are watching this video too late and you are possibly facing a hit and run, the best thing to do is get an experienced criminal law defense attorney on your side. If you need help contact us to discuss your options.
Criminal Defense and Traffic Attorney Tyler Chriscoe, explains there are a few times when it is not acceptable to leave the scene after an accident. For instance, being scared or anxious about being in a wreck or not knowing what to do. While that can be a reasonable reason to leave, it is not actually validly lawful. Also, saying you had somewhere you needed to be will not go very far in a court of law either.
If you have been charged with leaving the scene of an accident it’s important to have an experienced lawyer on your side. Contact us to discuss your options.
Criminal Defense Attorney Tyler Chriscoe explains when you can and can’t leave the scene of a crime.
Crashes Are Scary
Crashes are scary. But North Carolina law is clear. If you are involved in a crash there are three things you have to do.
- Stop the Vehicle
- Remain with the Vehicle
- Do not move the Vehicle unless authorized to do so
If you are in a crash, it is a crime to drive away, walk away, or even move the vehicle. Punishments for hit-and-runs can be severe and like most crimes, it depends on the severity of what happened.
When Can I Leave an Accident?
There are some times when you can leave the scene of an accident. Some examples would be,
- If you staying on the scene puts yourself or somebody else at risk of injury.
- If you need medical attention.
- Any time an officer allows you to leave the scene.
When Can I Not Leave an Accident?
There are some reasons why you should not leave an accident.
- Being scared or anxious.
- Not knowing what to do.
- Having to be somewhere else by a certain time.
Law enforcement is going to be the one to decide when you can and can not leave.
Can I Leave a Small Fender Bender in a Parking Lot?
If there is no injury and you think the property damage will be less than $1,000, the parties involved in the accident can agree to exchange information without involving law enforcement. But, keep in mind that property damage can easily be more than $1,000.
Contact Us
Hopefully, this message reaches you before you are involved in a car crash and you’ll know what to do. But, if it’s reaching you too late and you’ve already been charged with hit and run, the best thing that you can do is to call an experienced criminal defense attorney. Dummit Fradin has been helping people charged with crimes for over 30 years. So if you’ve had a hit-and-run, give Dummit Fradin a call today. If you have been charged with a hit and run contact us to discuss your options.
Insurance
Insurance is a subject that most people don’t like to discuss but Criminal Defense Attorney Tyler Chriscoe explains its importance. Insurance can be expensive and most of the time you don’t actually see the benefit of having it.
It’s the Law
North Carolina law makes it a misdemeanor to operate a vehicle without insurance. The state has set a goal of protecting its citizens and the people using its roads from damages caused by accidents. Most people can’t pay out of pocket for damages they cause. Insurance is required to make sure that any damages caused by accidents are able to be covered.
One Size Does Not Fit All
Many people believe they are covered under their personal insurance policy when they are driving their personal vehicle for a business purpose. This is not necessarily true.
- Personal auto policy is for personal auto use only.
- Commercial auto policy is for when someone is using the vehicle for business use. Examples of that would be driving for a food delivery service, rideshare, farm work, maid service, or construction work.
It’s become common for people to drive for a rideshare or deliver food as a way to bring in extra money. Criminal Defense Attorney Tyler Chriscoe explains if you are covered by your personal auto insurance.
Working for a rideshare app or other app-based delivery services is relatively new and it has been difficult for insurance companies to keep up. Some of these app-based companies will provide coverage for their drivers.
- Uber will provide full coverage, both liability, and collision, while their driver is en route to pick someone up, and while they are driving them to their destination. Uber will provide lesser coverage when the app is on but nobody is in their car. Finally, they provide no coverage when a person has the app off and is not driving for them. At that point, the driver’s personal auto policy would be in effect. Lyft has a similar policy.
- Instacart‘s user agreement tells its drivers that they will not provide any coverage and that drivers should call their personal auto insurance companies to make sure they have the right policy. Grubhub has a similar policy.
- Turo, an app that allows a vehicle’s owner to rent their personal vehicle out to third parties, provides standard liability coverage to the third-party driver. The app allows the owner to choose collision and comprehensive coverage with different plans that are priced differently. This applies to other familiar activities like pizza delivery drivers. So, if you are driving for Domino’s or Papa John’s you are going to run into the same situation.
Bottom Line
If you’re using your personal vehicle for business use or if you’re driving for an app based company, it’s important that you do a few things.
- Read very carefully the user agreement that is provided to you. The insurance details should be stated in that agreement.
- Call your insurance agent or company and ask them if you are covered.
Your claim can be denied if your insurance company finds out you were using your personal vehicle for work. And if that happens, several things might happen as well.
- You may have to pay out of pocket for damages that you cause in an accident.
- It’s far less likely that a D.A. will dismiss charges if you don’t have an active insurance policy.
- The DMV could indefinitely suspend your driving privileges for what’s called “failure to deposit security“.
Criminal Defense Attorney Tyler Chriscoe explains why having insurance is important and why you may not actually be covered even when you have an active policy.
It’s the Law
In North Carolina, the law makes it a misdemeanor to operate a vehicle without insurance. The state has set a goal to protect its citizens and its roadways from damage caused by auto accidents. As a result, insurance is a requirement to make sure any damages are taken care of.
Personal vs Commercial Auto Policy
One size does NOT fit all. Insurance companies have personal auto policies and commercial auto policies. Each policy has a specific rating and covers certain types of activities that are particular to that policy. Many insurance companies will not provide coverage when a person is using their personal vehicle for business or commercial use.
- Personal insurance policy is for personal use.
- Commercial insurance policy is for when a vehicle is being used for business purposes. This includes food delivery, rideshare, farm work, construction work, and maid services.
Am I Covered if I work for a Rideshare App?
Working for a rideshare app or other app-based delivery services are relatively new and it has been difficult for insurance companies to keep up. Some of these app-based companies will provide coverage for their drivers. For example:
- Uber will provide full coverage, both liability and collision, while their driver is en route to pick someone up, and while they are driving them to their destination. Uber will provide lesser coverage when the app is on but nobody is in their car. Finally, they provide no coverage when a person has the app off and is not driving for them. At that point, the driver’s personal auto policy would be in effect. Lyft has a similar policy.
- Instacart‘s user agreement tells its drivers that they will not provide any coverage and that drivers should call their personal auto insurance companies to make sure they have the right policy. Grubhub has a similar policy.
- Turo, an app that allows a vehicle’s owner to rent their personal vehicle out to third parties, provides standard liability coverage to the third-party driver. The app allows the owner to choose collision and comprehensive coverage with different plans that are priced differently. This applies to other familiar activities like pizza delivery drivers. So, if you are driving for Domino’s or Papa John’s you are going to run into the same situation.
Bottom Line
If you’re using your personal vehicle for business use or if you’re driving for an app based company, it’s important that you do a few things.
- Read very carefully the user agreement that is provided to you. The insurance details should be stated in that agreement.
- Call your insurance agent or company and ask them if you are covered.
Your claim can be denied if your insurance company finds out you were using your personal vehicle for work. And if that happens, several things might happen as well.
- You may have to pay out of pocket for damages that you cause in an accident.
- It’s far less likely that a D.A. will dismiss charges if you don’t have an active insurance policy.
- The DMV could indefinitely suspend your driving privileges for what’s called “failure to deposit security“.